Smt. Lakeshwari Sahu Vs Ramesh Kumar Sahu

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2026:CGHC:23704

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Digitally
signed by
RUKHSAR
RUKHSAR BANO
BANO Date:
2026.06.16
10:44:32
+0530

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HIGH COURT OF CHHATTISGARH AT Durg

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NAFR

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TPC No. 150 of 2025

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1 - Smt. Lakeshwari Sahu W/o Ramesh Kumar Sahu, Aged About 34 Years R/o Village Sukharikala, Post Ghontha, Police Station Bori, Tahsil And District Durg (C.G.)

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... Petitioner

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versus

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1 - Ramesh Kumar Sahu S/o Bhikhmanga Sahu, Aged About 36 Years R/o Village Madauda, Post Madauda, Tahsil Khairagarh, District Khairagarh-ChhuikhadanGandai (C.G.)

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... Respondent (Cause title, as taken from Case Information System) For Petitioner : Mr. Praveen Dhurandhar, Advocate. For Respondent : Mr. Shikhar Sharma, Advocate.

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(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

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Order On Board

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15/06/2026

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The petitioner/wife has filed the instant petition under Section 24 of the Code of Civil Procedure, 1908 (for short ‘CPC’), seeking transfer of Civil Suit No.38A/2025 {Ramesh Kumar Sahu vs. Lokeshwari Sahu}, pending before the learned Family Court, Rajnandgaon, Circuit Court

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Khairagarh, District Khairagarh-Chhuikhadan-Gandai (CG), to the learned Family Court, Durg, District Durg (CG).

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Learned counsel for the petitioner/wife would submit that the marriage of petitioner/wife was solemnized with the respondent/husband in the year 2009 as per the Hindu rituals and customs. Out of the wedlock, they have blessed with three minor children (two daughters and & one son) aged about 11, 6 & 4 years respectively. The petitioner/wife is presently residing at Durg along with the children. He would further submit that the respondent/husband has filed an application under Section 9 of the Hindu Marriage Act, 1955 (henceforth referred to as the ‘Act, 1955’) for restitution of conjugal rights, which is pending as Civil Suit No.38A/2025 before the Family Court, Rajnandgaon, Circuit Court Khairagarh, District Khairagarh-Chhuikhadan-Gandai, whereas the petitioner/wife has filed an application under Section 144 (2) of the Bhartiya Nagarik Suraksha Sanhita (for short “BNSS”) seeking maintenance, which is pending as Cr. MJC No.697/2025 before the Principal Judge, Family Court, Durg (CG), in which the respondent/husband has already entered appearance. He also submits that if Civil Suit No.38A/2025 is transferred to Family Court Durg, then it would also be convenient for respondent / husband. Hence, it is prayed that the said application may be allowed and Civil Suit No.38A/2025 filed by respondent/husband be transferred from the Family Court, Rajnandgaon, Circuit Court Khairagarh, District Khairagarh-Chhuikhadan-Gandai to the Family Court, Durg, District Durg (CG).

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Per Contra, learned counsel for the respondent/husband would submit

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that distance between Khairagh and Durg is only about 50 km and there is frequent bus connectivity. He further submits that the petitioner/wife is presently residing at Village Sukhrikala, Tahsil & District Durg, which is approximately 25 km from Khairagarh. Therefore, according to the respondent, the petitioner would be required to travel nearly the same distance whether attending proceedings at Durg or at Khairagarh. Hence, the transfer petition is liable to be rejected.

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I have heard learned counsel for the parties and perused the material available on record carefully.

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Hon'ble Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199 held at para 9 which reads as under:-

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" 9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.”

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Hon'ble Supreme Court in the matter of Sumita Singh Versus Kumar

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Sanjay and another reported in 2001 10 SCC 41 has observed that if husband files suit against wife, then convenience of wife must be looked into. Hon'ble Supreme Court in the matter of Rajani Kishor Pardeshi Versus Kishore Babulal Pardeshi reported in (2005) 12 SCC 237 has observed that the convenience of wife is to be preferred over the convenience of the husband.

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Though distance between Khairagarh and Durg is said to be about 50 km and there is frequent bus connectivity also but to and fro the distance is 100 Km. It is also undisputed that one case under Section 144 (2) of the BNSS bearing Cr. MJC No.697/2025 is already pending against respondent/husband before the Family Court Durg, and the respondent/husband is appearing therein. Therefore, if civil suit filed by respondent/husband is transferred to the Family Court Durg, then it would also be convenient for him to attend hearing at Family Court Durg in both cases.

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Further, in view of the principles laid down in the aforecited case laws of Hon’ble Apex Court, wherein it has been observed that, in transfer of matrimonial cases, the wife's convenience must be looked into, this Court is of the considered opinion that the present case is fit one for transfer of the civil suit, as prayed for.

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Consequently, the instant transfer petition is allowed . It is ordered that the Civil Suit No.38A/2025 {Ramesh Kumar Sahu versus Lokeshwari Sahu} pending before the Family Court, Rajnandgaon, Circuit Court Khairagarh, District Khairagarh-Chhuikhadan-Gandai (CG), be transferred to the Family Court, Durg, District Durg (CG) for its trial/disposal in accordance with law. The Family Court, Rajnandgaon,

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Circuit Court Khairagarh, District Khairagarh-Chhuikhadan-Gandai (CG) is directed to transmit the record of the aforesaid Civil Suit No.38A/2025 to the Family Court, Durg, District Durg (CG), within a period of 15 days from the date of receipt/submission of a copy of this order.

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It is further directed that after receiving the case on transfer, the Family Court, Durg, District Durg shall consider and decide the same as early as possible, preferably within a further period of four months from the date of receipt of the record from the transferring Court. The parties are also directed to cooperate with the concerned Family Court for early disposal of the case.

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Pending application(s), if any, stands disposed of. No order as to costs.

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Sd/-

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(Naresh Kumar Chandravanshi) Judge

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Rukhsar

Smt. Lakeshwari Sahu v. Ramesh Kumar Sahu

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Smt. Lakeshwari Sahu v. Ramesh Kumar Sahu

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